LighterLife Web-site Terms and Conditions
Welcome to the LighterLife website, which is
owned and operated by LighterLife UK Ltd (“LIGHTERLIFE”, “we”, “us”
or “our”). Our registered office is at Cavendish House, Parkway,
Harlow Business Park, Harlow, Essex CM19 5QF and we are registered
in England and Wales with company number 3164308.
IMPORTANT
Set out below are the terms and conditions,
which together with the Privacy Policy and any legal notices
displayed elsewhere on this Website, represent all the terms and
conditions on which we will: (i) provide you with access to our
website (located at www.lighterlife.com (the “Website”)); (ii)
offer services and products from time to time via our Website; and
(iii) sell any of our services and products via the Website
(together referred to in this document as the “Terms”). Your use of
the Website, including any placing of an order through it or
accessing our Talking LighterLife™ forum, indicates your acceptance
to be bound by the Terms. If you do not agree to be bound by the
Terms, please cease using this Website immediately.
We reserve the right, in our sole discretion,
to change, modify, add or remove portions of these Terms at any
time. You should check these Terms periodically for changes. By
using this Website after we post any changes to these Terms, you
agree to accept those changes, whether or not you have reviewed
them. If you do not agree to these Terms, you should not use our
Website.
This Website and the Terms are specifically
directed to residents of the United Kingdom and Ireland and the
Website is for use only by residents of the United Kingdom
(excluding the Channel Islands) and Ireland.
If there is anything in these Terms that you
do not understand, please contact us at info@lighterlife.com or on
Tel No 01279 636900 during the hours of 9am — 5.30pm calls will be
charged at local/national rate.
TERMS
General
1. By using this Website, you agree to be
legally bound and to abide by these Terms, just as if you had
signed this agreement. If you do not comply with these Terms at any
time, we reserve the right, if applicable, to terminate your
password, user account, and/or access to this Website (or any part
thereof). In our sole discretion and without prior notice or
liability, we may discontinue, modify or alter any aspect of the
Website, including, but not limited to, (i) restricting the time
the Website is available, (ii) restricting the amount of use
permitted, and (iii) restricting or terminating any user's right to
use the Website. You agree that any termination or cancellation of
your access to, or use of, the Website may be effected without
prior notice. You agree that we shall not be liable to you or any
third-party for any termination or cancellation of your access to,
or use of, our Websites.
From time to time, we may supplement these Terms with additional
terms and conditions relating to specific content, activities or
events ("Additional Terms"). Such Additional Terms may be placed on
the Website to be viewed in connection with the specific content,
activities, features or events and shall be identified as such. You
understand and agree that such Additional Terms are hereby
incorporated by reference into these Terms.
Limited Right to Use
2. Unless otherwise specified, we grant you a
non-exclusive, non-transferable, revocable, limited right to
access, use and display this Website and the material provided
hereon for your personal, non-commercial use, provided that you
comply fully with the provisions of these Terms. You acknowledge
that this Website contains information, software, photos, video,
text, graphics, music, sounds, questions, creative suggestions,
messages, comments, feedback, ideas, recipes, notes, drawings,
articles and other materials (collectively, "Content") that are
protected by copyrights, data base rights, patents, trademarks,
trade secrets and/or other proprietary rights, and that these
rights are valid and protected in all forms, media and technologies
existing now or hereafter developed. All Content is copyrighted
under applicable copyright laws, including United Kingdom,
Irish and European Union copyright laws (and, if applicable,
similar laws in other jurisdictions), and we own a copyright in the
selection, coordination, arrangement and enhancement of such
Content. All trademarks appearing on this Website are trademarks of
their respective owners. LIGHTERLIFE® is the trade name and the
registered trademark and servicemark of LighterLife UK Limited. Our
commercial partners, suppliers, advertisers, sponsors, licensors,
counsellors, contractors and other third parties may also have
additional proprietary rights in the Content which they make
available on this Website. You may not modify, publish, transmit,
distribute, perform, participate in the transfer or sale, create
derivative works of, or in any way exploit, any of the Content, in
whole or in part. When Content is downloaded to your computer, you
do not obtain any ownership interest in such Content. Modification
of the Content or use of the Content for any other purpose,
including, but not limited to, use of any Content in printed form
or on any other website or networked computer environment is
strictly prohibited unless you receive our prior written
consent.
3. This Website is not for use by children and
is not directed to children. This Website is for use and access by
individuals who are eighteen (18) years or older.
Disclaimers
4. This Website provides weight loss
management and information applications and content published over
the Internet and is intended only to assist users in their personal
weight loss efforts. LighterLife.com is not a medical
organisation and our staff cannot give you medical advice or
diagnosis. Nothing contained in this Website should be construed as
such advice or diagnosis. The information and reports generated by
us should not be interpreted as a substitute for doctor or
specialist consultation, evaluation, or treatment.
You should seek medical advice before
beginning any weight loss effort or regime. This Website is
intended for use only by healthy adult individuals. The Website is
not intended for use by minors, pregnant women, or individuals with
any type of health condition. Such individuals are specifically
warned to seek professional medical advice prior to initiating any
form of weight loss effort or regimen.
Before starting any weight reduction plan, you should make sure
that you are not underweight.
For more information, you should review our Health Notice,
which is incorporated into these Terms & Conditions by this
reference.
5. We cannot and do not guarantee that the
information on this Website will always be completely up to date
and free of mistakes. To the extent permitted by applicable law, we
hereby disclaim all warranties, express or implied, as to the
accuracy of the information contained on this Website.
6. We will not be liable, whether in contract,
tort (including, without limitation, negligence), pre-contract or
other representations (other than fraudulent or negligent
misrepresentations) or otherwise arising out of or in connection
with these Terms for any:
• Economic losses (including without
limitation loss of revenues, data, profits, contracts, business or
anticipated savings); or
• Loss of goodwill or reputation; or
• Special or indirect losses suffered; or
• Losses arising out of or in connection with the provisions of any
matter under these Terms.
7. PLEASE NOTE THE FOLLOWING IMPORTANT
DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE,
COMPATIBILITY, SECURITY, OR ACCURACY. IF YOU ARE A RESIDENT OF
IRELAND, SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES
ACT, 1980 IS HEREBY EXCLUDED.
NEITHER LIGHTERLIFE.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR
THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR
SUPPLIERS WARRANT THAT
(A) THIS WEBSITE OR ANY FUNCTION
CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT
MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
(B) THE USE OR THE RESULTS OF THE USE OF THE
PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
PRODUCT, OFFERING, CONTENT OR MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU
FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.
THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
8. You agree to indemnify, hold harmless and,
at our option, defend LighterLife.com and our Affiliates, and our
and their officers, directors, employees, shareholders, agents and
representatives from any and all third party claims, liability,
damages and/or costs (including, but not limited to, reasonable
attorneys fees and expenses) arising from your improper use of this
Website or our products or offerings, your violation of these
Terms, or your infringement, or the infringement or use by any
other user of your account, of any intellectual property or other
right of any person or entity.
Links
9. Certain (hypertext) links on the Website
may lead to sites operated by third parties which are not under our
control. When you activate any such links you will leave the
Website. We therefore accept no responsibility or liability
whatsoever for any of the content, products and/or services
(including any hypertext links to further websites) that may be
included, advertised or sold on such third party websites.
10. You acknowledge that we do not review or
endorse any claims, products and/or services contained on or
described on such third party websites. Nor are we responsible
(whether directly or indirectly) for any damage, loss or offence
you may suffer as a result of accessing such third party websites.
Your dealings with, and interest in, any promotions or services
found via such links are solely between you and the third party
with whom you are dealing, unless we expressly state otherwise.
11. We may make software owned or operated by
third-party companies available to you via the Website. You must
only use this software in accordance with the terms and conditions
imposed by the third-party provider.
Registration Details
12. You confirm that the personal details you
provide when registering as a customer are complete, accurate and
up-to-date. Should your personal details change, please notify us
by contacting info@LighterLife.com.
Damage to your Computer
13. While LIGHTERLIFE makes every effort to
ensure that this Website is free from any viruses or defects, we
cannot guarantee that this Website, or any websites accessed by
links from this Website, will not cause damage to your computer. It
is your responsibility to ensure that your computer contains the
necessary software to protect it from such damage. LIGHTERLIFE
shall not be liable to you for any loss or damage to any computer
or data occurring as a result of using this Website or any websites
accessed by links from this Website.
Security/Confidentiality
14. LIGHTERLIFE takes steps to safeguard the
security of information you send to us via this Website by using
internet standard encryption technologies (Secure Socket Layer
or SSL) to provide a secure environment where appropriate.
However, we accept no responsibility for any damage you may suffer
as a result of the loss of confidentiality of such information.
Exclusion of Liability
15. Nothing in these Terms shall operate to
exclude or limit the liability of LIGHTERLIFE for death or personal
injury caused by the negligence or fraudulent misrepresentation of
LIGHTERLIFE or any of its employees or agents.
16. LIGHTERLIFE reserves the right to modify
or withdraw (temporarily or otherwise) this Website or modify these
Terms from time to time without giving you prior notice. It is your
responsibility to read these Terms on each occasion you use the
Website. Your continued use of this Website shall signify your
acceptance to be bound by the latest Terms.
Intellectual Property
17. All brand names, product and service names
and titles used in this Website are trade marks, trade names or
service marks of LIGHTERLIFE or their third party suppliers. No
permission is given by LIGHTERLIFE for their use by any other
person other than LIGHTERLIFE or its licensors. You may view the
Website and place orders via the Website but accept that any other
use may constitute an infringement of the holders rights.
18. All designs, texts, graphics, photos and
their selection and arrangement on this Website are the copyright
of LIGHTERLIFE or its licensors. Permission is granted to you to
copy electronically or print portions of this Website for your own
personal, non-commercial use only. Any other use of the materials
included on this Website without LIGHTERLIFE's prior written
consent is strictly prohibited.
Personal Information
19. LIGHTERLIFE agrees to use any personal
data that you provide to us via the Website in accordance with our
Privacy Policy, which can be viewed at http://www.lighterlife.com/system_pages/privacy_policy.aspx
Miscellaneous Terms
Please note the following:
20. Any failure or delay by either LIGHTERLIFE
or yourself to bring legal proceedings in relation to this Website,
the Terms and/or any of our products or services, shall not be
regarded as a waiver of any rights. Any waiver in respect of one
act or omission shall not operate as a waiver in respect of future
acts or omissions.
21. These Terms are not intended, nor shall
they operate, to create a partnership or joint venture of any kind
between LIGHTERLIFE and you, and nor are you authorised to act as
our agent.
22. In relation to the contract between
LIGHTERLIFE and you, no other party shall be entitled to exercise
any rights contained in it and the provisions of the Contracts
(Rights of Third Parties) Act 1999 are hereby excluded.
23. You may serve any formal notice on
LIGHTERLIFE, and LIGHTERLIFE may serve a formal notice on you, by
either first class post or email only, and it will be regarded as
formally received by the other on the next day that is not a
weekend or a bank holiday. LIGHTERLIFE's contact details are
included at http://www.lighterlife.com/more_about_us/contact_us.aspx
Law
24. If you are a resident of the United
Kingdom (excluding the Channel Islands, these Terms shall be
governed by and construed in accordance with English law and any
dispute or matter arising out of or in connection with these Terms
shall be referred to the exclusive jurisdiction of the Courts of
England and Wales. If any provision of these Terms shall be deemed
unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable and shall not affect the validity and
enforceability of the remaining provisions.
25. If you are resident of Ireland (excluding
Northern Ireland), these Terms shall be governed and construed in
accordance with the laws of Ireland, without giving effect to any
principles of conflicts of law. You agree that any action at law or
in equity arising out of or relating to your use of this Website or
these Terms shall be filed in the Irish courts and you hereby
consent and submit the personal jurisdiction of such courts for the
purposes of litigating any such action.